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Pre-payment certificates

8.—(1) Subject to the following provisions of this regulation, a Board on payment of the sum prescribed by paragraph (5) shall as soon as reasonably practicable grant a certificate (in these Regulations referred to as pre-payment certificate) to any person who duly completes and submits an application therefor on a form provided for the purpose by the Board.

(2) A pre-payment certificate shall be valid for a period of either 4 months or 12 months and an application under paragraph (1) for such a certificate shall indicate the period for which it is required to be valid.

(3) The payment of a sum prescribed under this regulation shall not be deemed to be the payment of a charge under these Regulations.

(4) No certificate shall be issued under this regulation unless the application made therefor is received less than one month before the date on which its period of validity is to begin.

(5) For the purpose of this regulation the sum prescribed shall be £31.90 for a pre-payment certificate valid for 4 months and £87.60 for such a certificate valid for 12 months.

(6) Where a payment of a sum prescribed under this regulation has been made and, not more than one month after the date on which the person’s pre-payment certificate became valid, the person in respect of whom payment was made–

(a)becomes a person to whom any of the provisions of regulation 7(1)(b) to (f) applies; or

(b)becomes a person entitled to remission under regulation 3 of the Travelling Expenses and Remission of Charges Regulations; or

(c)dies; or

(d)becomes resident in a hospital and thereafter either–

(i)dies while resident in hospital before the expiry of the pre-payment certificate; or

(ii)remains in hospital until the expiry of the pre-payment certificate,

an application for repayment of that sum may be made, by or on behalf of that person or that person’s estate, in accordance with paragraphs (13) to (15).

(7) Where a payment of a sum prescribed under this regulation has been made and where, on or after 14th December 2001, the person in respect of whom the payment was made dies or becomes resident in hospital and thereafter dies during the relevant period as defined in paragraph (9) an application for a refund may be made, by or on behalf of that person’s estate, in accordance with paragraphs (13) to (15).

(8) The refund referred to in paragraph (7) shall be calculated as follows:

(a)in the case of a pre-payment certificate valid for 4 months, 1/4 of the sum prescribed under this regulation paid for each complete month after the date of death during which the pre-payment certificate would have remained valid but for that death;

(b)in the case of a pre-payment certificate valid for 12 months, 1/12 of the sum prescribed under this regulation paid for each complete month after the date of death during which the pre-payment certificate would have remained valid but for that death;

and for the purposes of these calculations a complete month is a month beginning on the date of death and ending on the date immediately preceding that date in the following month.

(9) In paragraph (7) “the relevant period” means the period of validity of the pre-payment certificate excluding the month in respect of which an application under paragraph (6) may be made.

(10) Where a payment of a prescribed sum in respect of a pre-payment certificate valid 12 months has been made and where, on or after 14th December 2001, and during the relevant period defined in paragraph (12), the person in respect of whom the payment was made–

(a)becomes a person to whom any of the provisions of regulation 7(1)(b) to (f) applies, or

(b)becomes a person entitled to remission under regulation 3 of the Travelling Expenses and Remission of Charges Regulations

an application for a refund may be made, by or on behalf of that person in accordance with paragraphs (13) to (15).

(11) The refund referred to in paragraph (10) shall be for the sum which is the difference between the sum prescribed under this regulation and paid and the sum which was prescribed for a pre-payment certificate valid for four months on the date that the prescribed sum was paid.

(12) In paragraph (10) “the relevant period” means the period of 3 months immediately following the month in respect of which a claim under paragraph (6) may be made.

(13) Applications under this regulation for repayments or refunds shall be made to the Board which received the sum prescribed under this regulation and shall be accompanied by the certificate (where granted) and a declaration in support of the application and any repayment shall be made in such manner and subject to such conditions as the Scottish Ministers may determine.

(14) Subject to paragraph (15) an application under this regulation shall be made where the person in respect of whom the payment of the sum prescribed under this regulation was made–

(a)dies or becomes resident in hospital and thereafter dies, within 24 months of the date of death; or

(b)has a pre-payment certificate valid for 4 months and becomes a person–

(i)to whom any of the provisions of regulation 7(1)(b) to (f) apply, or

(ii)entitled to remission under regulation 3 of the Travelling Expenses and Remission of Charges Regulations

within four months of the date on which the pre-payment certificate ceased to be valid; or

(c)has a pre-payment certificate valid for 12 months and becomes a person–

(i)to whom any of the provisions of regulation 7(1)(b) to (f) apply, or

(ii)entitled to remission under regulation 3 of the Travelling Expenses and Remission of Charges Regulations

within seven months of the date on which the pre-payment certificate ceased to be valid; or

(d)becomes resident in hospital and remains there until the expiry of a pre-payment certificate, within 3 months of the date of expiry.

(15) Where an application under this regulation is made outside the time limits specified in paragraph (14) in respect of a death which occurs on or after 14th December 2001 or in respect of a person who becomes a person to whom paragraph (14)(b) to (d) applies on or after 14th December 2001, the Board shall accept the application if the Scottish Ministers are satisfied that the delay was for good cause.

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